From the FMCSA: 5 possible updates to hours-of-service regulations

The Federal Motor Carrier Safety Administration (FMCSA) has released the long-awaited Hours-of-Service (HOS) Notice of Proposed Rulemaking (NPRM). Below is a summary of the five highlights and our take on the possible changes.
Short-haul exception
Existing rule | Proposed change |
---|---|
Short-haul drivers can operate within a 100 air-mile radius for up to 12 hours. | Short-haul drivers can operate within a 150 air-mile radius for up to 14 hours. |
Our take
This new rule would make it easier to apply the short-haul exception and allow more drivers to not use ELDs.The Adverse Driving Conditions Exception
Existing rule | Proposed change |
---|---|
Only driving time can be extended to make up for encountering adverse conditions. | The on-duty clock can be extended from 14 to 16 hours to make up for encountering adverse conditions. |
Our take
The proposed rule would allow for more time flexibility in case of adverse weather conditions. The FMCSA is still developing the criteria for what conditions constitute “adverse weather.”30-minute break rule
Existing rule | Proposed change |
---|---|
Drivers must take a 30-minute break after 8 hours of duty time | Drivers must take a 30-minute break after 8 continuous hours of drive time |
The 30-minute break must be completely off-duty. | The 30-minute break can be on-duty, not-driving. |
Our take
Drivers who don’t drive for 8 continuous hours would no longer need to take a 30-minute break. Drivers could also use their breaks to refuel, or count their time at shippers or receivers toward the 30 minutes.Split sleeper-berth rule
Existing rule | Proposed change |
---|---|
Drivers can split their 10 hours off duty into two periods: one of at least 8 consecutive hours in the sleeper berth, and another of at least 2 consecutive hours either off-duty or in the sleeper berth. | Drivers can split their 10 hours off-duty into two periods: one of at least 7 consecutive hours in the sleeper berth, and another of at least 2 consecutive hours either off-duty or in the sleeper berth. |
The 2-hour period affects the 14-hour on-duty period. | Neither period affects the 14-hour on-duty period. |
Our take
Drivers would have more freedom in deciding how to spend their off-duty time. While drivers would still need to spend at least 10 hours off-duty, 8 hours in the sleeper berth would no longer required. Because the two off-duty periods would not count against the 14-hour on-duty period, many debates on how to factor sleeper-use into HoS calculations would be remedied.Pause the clock rule
Existing rule | Proposed change |
---|---|
Drivers cannot pause their 14-hour on-duty clock. | Drivers can pause their 14-hour on-duty clock once a day, for up to 3 hours. |
Our take
Spurred by an Owner-Operator Independent Drivers Association (OOIDA) petition, this change would allow drivers to pause their on-duty clock to account for waiting-out rush hour traffic, delays at shippers or receivers, or other scenarios that prevent drivers from making the most of their on-duty time.Learn more and be heard.
You have a voice in the decisions. Visit regulations.gov for more information the proposed changes and how to submit your comment.
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